Virginia’s Attorney General is reportedly seeking to revive an indecent-exposure case filed in Fairfax against a man who was later charged with for allegedly exposing him at Washington-Liberty High School, Arlington.
In an 11-Feb. letter sent to Fairfax County Commonwealth’s Attorney Steve Descano by Attorney General Jason Miyares, the top prosecutor in the county was accused of undermining safety for public after a case against Richard Kenneth Cox charging him with indecent expos at a Planet Fitness facility in Fairfax City last summer was dismissed.
Miyares reports that Cox, who is a registered sexual offender, has been trespassed at Oakmont Rec Center since Nov. 3, 2024. This was for violating the terms of registration, which prohibits contact with children in a gymnasium, athletic facility, or other local government-owned or operated facilities.
Miyares, arguing that the two incidents had not been sufficiently investigated, told Descano that his case files should be transferred to the Office of the Attorney General’s Criminal Division.
Miyares wrote that “Community Safety is the primary responsibility of law enforcement.” Your failure to investigate these criminal allegations against Cox undermines the public safety and well-being of citizens. It also violates your oath of faithfully enforcing the laws of the Commonwealth.
The Fairfax County Commonwealth’s Attorney’s Office has said that it does not have any criminal cases to be handed over.
According to court documents and the Fairfax County Police Department, a magistrate issued a warrant accusing Cox of indecent exposition after a complaint was made about an incident that occurred at Planet Fitness (1101 Lee Highway) on 10 June 2024.
Laura Birnbaum, spokesperson for Commonwealth’s Attorney, told the judge dismissed the charge when the witness did not appear at the first court hearing. The dismissal was finalized in an adjudicatory court hearing held on July 25, 2020, at Fairfax County General District Court.
The FCPD reports that Oakmont Rec Center issued an order of no-trespassing against Cox in relation to the visit on Nov. 3. An investigation was also conducted but no criminal offenses were discovered.
Birnbaum stated in a press release that “prosecutors had no chance to be involved in the matter.” “It’s embarrassing that our Attorney-General, who used to be a local prosecutor himself, continues misinform the public on how Virginia courts operate. Miyares has once again used fearmongering as a way to score political points, instead of focusing on making our community safer.
Miyares is a Republican who is currently running for a 2nd term of Attorney General.
Cox faces seven criminal charges, according to online records. Three are for indecent display, including the incident that occurred on Oct. Washington-Liberty High School, on October 21, 2001. Three charges of loitering in a school following a sexual conviction. One charge for identity theft. The offense dates from October 21 to December 6, when he arrested at Barcroft Sports & Fitness Center.
The Republican Party of Arlington County has also taken notice after WJLA revealed Cox had gained access to a high school bathroom because she identified as transgender.
Cox is listed as a female in the Arlington County charge for her most recent offense.
Fairfax County court documents show that Cox was previously charged with child pornography, probation violation, and failure to register as an offender. Both the child pornography and probation charges led to guilty pleas. The failure-to register charge, however, was dismissed by 2021.
